Lowell Resources Fund Product Disclosure Statements August 2022

Page 80

14.

ADDITIONAL INFORMATION

14.1

Summary of the Constitution

The Fund is governed by the Constitution. The Constitution was adopted by Unitholders of the Fund on 31 October 2017. A summary of the key rights and obligations attaching to Units and a description of the material provisions of the Constitution are set out below. This summary is not exhaustive nor does it constitute a definitive statement of the terms of the Constitution. The rights and obligations attaching to ownership of Units are also governed by the Corporations Act and the Listing Rules. If you invest in the Fund, you agree to be bound by the terms of the PDS and the Constitution. Copies of the Constitution are available, free of charge on request from the Responsible Entity. Please consider the Constitution before investing in the Fund. Units The Fund is divided into Units, each of which confers a proportionate, equal and undivided beneficial interest in the net assets of the Fund (except in certain limited circumstances). Each Unit is not tied to nor does it confer any interest in any particular asset of the Fund, rather a Unit confers an interest in the assets of the Fund as a whole. A Unitholder’s rights included in the Constitution rights to: -

receive income and other distributions attributable to Units held at the applicable record date;

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transfer Units (whilst the Fund is listed, this right is subject to the Listing Rules);

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receive notices and other communications in relation to the Fund;

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attend and vote at meetings of Unitholders;

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participate in the winding up of the Fund.

No redemption of Units The rights of Unitholders to redeem their Units in the Fund varies depending on the status of the Fund (i.e. whether the Fund is listed). When the Fund is listed on ASX, redemption or withdrawal of Units is permitted only in accordance with the Corporations Act and the Listing Rules. Issue of Units The Responsible Entity may issue additional Units, or grant rights to be issued additional Units, subject to the terms of the Constitution. The Responsible Entity can: -

issue classes of Units with any preferred, deferred or other special rights, obligations or restrictions;

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issue Units by way of a pro rata rights issue, placement or distribution reinvestment;

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suspend the issue of Units in limited circumstances and subject to the Listing Rules;

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make arrangements for any subscription of Units to be underwritten; and Page 80 of 91


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